What is the impact of a decision-maker bypassing administrative decision-makers on a constitutional matter such as this?
Canada (Federal), Canada
The following excerpt is from Forest Ethics Advocacy Association v. Canada (National Energy Board), 2014 FCA 245 (CanLII), [2015] 4 FCR 75:
If administrative decision-makers could be bypassed on issues such as this, those appreciations, insights and understandings would never be placed before the reviewing court. In constitutional matters, this is most serious. Constitutional issues should only be decided on the basis of a full, rich factual record: Mackay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 at pages 361-363. Within an important regulatory sector such as this, a record is neither full nor rich if the insights of the regulator are missing.
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